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User Agreement – Updated July 1, 2014

User Agreement – Updated July 1, 2014

THE FOLLOWING DESCRIBES THE TERMS ON WHICH BUSCAVIDA INC. OFFERS YOU ACCESS TO OUR SERVICES.  

Welcome to the user agreement (the "Agreement" or "User Agreement") for Buscavida Inc. (“Buscavida”). This Agreement applies to instructors/teachers (“Tutors”), account holders, and anyone else visiting the Site (collectively, “Users”) and describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.speakshop.org or www.speakshop.com (the "Site"), the free and fee-based subscription services therein, and the general principles for the websites of our subsidiaries and international affiliates. You may want to print this page for your reference. By visiting, becoming a member of, purchasing a gift subscription from, subscribing to, participating in a lesson, or registering for a free trial from the Site, you agree, without qualification, to be bound by the terms and conditions of this Agreement.  You may not use or access our services if you do not agree to be bound by the terms and conditions of this Agreement.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of the Site. We recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a the Site User. By accepting this User Agreement, you also agree that your use of other sites will be governed by the User Agreement and Privacy Policy posted on those websites.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective for new Users upon posting on the Site, and for existing Users upon notice that the terms have been amended.  Notice of changes to the agreement will be posted on our website, and Users who log in after the notice is posted will be bound upon logging into the site after the notice is posted.  If you do not agree to the amended terms, your sole recourse is to discontinue using the Site and cancelling your account.

Membership Eligibility
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Users. If you are under the age of 18, you can use this service only in conjunction with, and under the direct supervision of your parents or guardians who must set up an account in the name of the parent or guardian. If you do not qualify, you may not use our Site. Further, your account (including feedback) and User ID may not be transferred or sold to another party.

If you are registering as a business entity, you represent and warrant that you have the authority to bind the entity to this Agreement.

The Site offers you a non-transferable, non-exclusive, limited right to access, use and display the content of this Site, provided that you comply with this Agreement as set out in full. The materials found on the Site are provided to you only for your private, non-commercial use. Certain services of the Site are available only to registered members.

Term
Except those terms that are intended to survive termination of this Agreement, these terms will remain in effect for the entire time that you use the Site or as long as you are a subscriber or registered member of the Site, whichever is longer. Termination of fee-based subscriptions is subject to the conditions set out in the checkout pages and billing policy outlined below. The Site reserves the right to terminate your membership or subscription for any reason. If the Site terminates fee-based subscription either with or without notice  because you have breached this Agreement or failed to pay the Site for amounts owed for fee-based services, you will not be entitled to any refund of unused subscription fees.

Your responsibilities

  • You are responsible for maintaining the secrecy of your account, username and password. You agree to notify the Site of any unauthorized use of your account.
  • You are responsible for maintaining the accuracy of your personal information, including email address. The Site notifies you and subscribers of changes to the Site or listed subscription fees or special offers via email. The Site is not responsible for information provided in these emails that do not reach you or any other subscriber due to inaccurate information.  For more information on the type of personal information we collect and maintain, please review our Privacy Policy.
  • You are responsible for all charges associated with connecting to the Site, including all Internet and telephone access charges, long-distance charges where applicable, and services fees necessary to access the Site. From time to time, the Site may offer a free trial subscription to its fee-based services. You are responsible for any of the aforementioned connection charges even during a trial subscription period.
  • Use of the Site is at your own risk. The Site is not responsible for any loss resulting from your using any of the Site’s services, software, materials, audio or video files, content, or communications. the Site is not responsible for any problems or technical malfunctions of any telephone network or lines, computer or Internet connection or any website failure. Moreover, the Site disclaims responsibility for any delay, error, omission, transmission failure, theft, alteration, destruction of or unauthorized access to User, communications. the Site disclaims responsibility for the results or lack thereof in studying a language at the Site except as provided under the terms of the billing policy in regards to subscription services and refunds. the Site is not responsible for any problems or loss resulting from your interaction or communication with tutors or other members or subscribers. You are solely responsible for any content that you publish, display, or submit (hereafter post) to the Site. By posting content to any public area of the Site, you grant the Site and its members an irrevocable, perpetual, non-exclusive, worldwide, unrestricted license to copy, license, distribute, display, reproduce, transmit, modify, edit, excerpt or otherwise use such public communication in all media.
  • Both Tutors and students are responsible to conduct themselves in a manner that is professional and appropriate.  If the conduct of any User is objectionable or inappropriate during a lesson, the other party may immediately terminate the lesson.  If the Site receives complaints about inappropriate or objectionable behavior of any User, we reserve the right to immediately terminate present and future access to the services in accordance with this User Agreement.

Use of Buscavida content and Copyright policy
All materials of Buscavida, including content, text, images, software, audio and video files, documentation, Email and the Web Site remain at all times the sole property of Buscavida or its suppliers. Such aforementioned materials are protected under international copyright, trademark and other intellectual property laws. You may not post, distribute, sublicense, translate or reproduce in any way any copyrighted materials, trademarks or other proprietary information without the prior express written consent of Buscavida.

Community forums, chats, message boards, pen pals, and email conduct
The Site strives to create a global community of language learners. As such, the Site provides you with the ability to post messages, use chat rooms, and find language resources, such as tutors, students and local language schools. You are solely responsible for the content of these messages. In addition, by using these services, you agree to not publish, contribute or post any material that:

  • Contains content that is not original or for which you have not received the prior express written consent of the originator of said material.
  • Contains objectionable language or is in any way profane, pornographic, sexually explicit, slanderous or libelous.
  • Attempts to contact a fellow User without explicit solicitation by that User.
  • Violates any viable rules, laws or regulations, or infringes on any intellectual property or other rights of any third party.
  • Contains viruses or any other code designed to interrupt, destroy or incapacitate the functionality of any software, hardware or telecommunications.
  • Is considered “spamming,” such as chain letters, junk mail, or other solicitations.
  • Attempts to impersonate another person or breach the security of the Site or its members.

The opinions and messages posted by you at the Site do not reflect and are not representative of the views of Buscavida or its employees, affiliates, suppliers or partners. Buscavida is not responsible for the content of messages sent by members to you when they have located you through the Site. Buscavida may remove any posted message at any time.

The Site is a Venue

  • the Site is not an auctioneer, nor does it directly provide tutoring services to Users. Instead, the the Site acts as a venue to allow Tutors to offer, sell, and buy language lessons, at any time, from anywhere, in a variety of pricing formats, including a fixed price format. the Site has no control over the quality, safety or legality of the lessons advertised, the ability of sellers (tutors) to teach or the ability of buyers (students) to pay for items. the Site cannot ensure that a buyer or seller will actually complete a transaction. Consequently, the Site does not transfer legal ownership of services from the seller to the buyer.
  • Identity Verification. the Site may use techniques to verify the accuracy of your information that is provided during registration on the Site. However, because user verification on the Internet is difficult, the Site cannot and does not confirm each User's purported identity.
  • Release. Because the Site is a venue, in the event that you have a dispute of any kind with one or more members or a Tutor, you release Buscavida (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Parental Supervision

Buscavida does not allow children under the age of 18 to create accounts or access services.  If you are a parent or guardian and wish to access the Site services on behalf of a minor, you are solely responsible for creating and maintaining an account in your own name.  Further, it is your sole responsibility to monitor your child’s lessons at all times including without limitation being present for all lessons in which your child is participating.  Children under the age of 18 may not participate in lessons without the active participation of a parent or guardian.  If a Tutor is unable to verify the presence or participation of a parent during a lesson, the Tutor may terminate the lesson and the full price of that lesson may be charged.

Listing and Selling
If you are a seller (Tutor), you are obligated to complete the transaction with the buyer (student) if the student purchases a language lesson.

  • Listing Description. If you are a Tutor, you must be legally able to sell language lessons on the Site. You must describe your qualifications, schedule restrictions and rates. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that lesson. All listed curricula and/or lessons must be listed in an appropriate category.
  • Fraud. Without limiting any other remedies, Buscavida may suspend or terminate your account if Buscavida suspects that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Feedback
You may not take any actions that may undermine the integrity of the feedback system. Buscavida may limit the number of lessons you may teach, if you are a tutor, or attend, if you are a student, on the Site based upon the level of such feedback. If you are a Tutor and you earn a net feedback rating of 1, your membership may be suspended, and you may be unable to list your services. Buscavida is the sole owner of any feedback provided by any User.

Disclaimer of Warranties and Assumption of Risk

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.  BUSCAVIDA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, BUSCAVIDA MAKES NO WARRANTY (A) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (B) THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THAT THE INFORMATION YOU MAY OBTAIN THROUGH YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (D) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OTHERWISE OBTAINED BY YOU THROUGH OR IN CONNECTION WITH THE SITE WILL MEET YOUR EXPECTATIONS, OR (E) THAT ANY ERRORS IN THE SITE WILL BE CORRECTED.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE SITE IS OBTAINED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM SUCH CONTENT.

NO ADVICE OR OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUSCAVIDA OR THROUGH THE SITE WILL CREATE ANY WARRANTY WITH RESPECT TO THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU. 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUSCAVIDA, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SITE’S SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF BUSCAVIDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BUSCAVIDA’S LIABILITY, AND THE LIABILITY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Resolution of Disputes 
In the event a dispute arises between you and Buscavida, Buscavida’s goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Buscavida agree that any claim or controversy at law or equity that arises out of this Agreement or the Site’s services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, Buscavida strongly encourages you to first contact Buscavida directly to seek a resolution and Buscavida will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you and Buscavida agree to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. For claims exceeding $10,000, both Users and Buscavida agree to submit the claim to binding arbitration in Portland, Oregon and both parties hereto waive any objections to such venue. 

In all such cases, the arbitration shall be administered by the American Arbitration Association in accordance with its applicable rules. The parties agree that any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.   All disputes shall be resolved in accordance with the laws of the State of Oregon, without regard to its conflicts of law principles.

Notice of copyright infringement

It is the policy of Buscavida to terminate the privileges of any User who infringes the copyrights of the Site or others upon receipt of notification by the copyright owner or the copyright owner's legal agent.  If you believe that your content has been used on the Site in a manner that constitutes copyright or other intellectual property infringement, please provide our Copyright Agent with the following information: (A) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (B) a description of the copyrighted work that you claim has been infringed; (D) a description of where the material that you claim is infringing is located on the Site; (C) your address, telephone number, and email address; (E) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (F) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Buscavida’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: copyright@speakshop.com.

Fees and payments
Certain materials and functionalities of the Site are available only through the purchase or free trial of a Subscription (“Subscription” or “Membership”). You are responsible for any charges associated with connecting to the Site. When you purchase a Subscription or enter into a trial Subscription, you are bound by the terms and conditions of the billing policy as set out in Billing policy for fee-based services.

Billing policy for fee-based services at the Site
You can always find current Subscription prices posted on your My Account page. Your Subscription gives you access to all of the Site’s course services, including teacher-led video, voice and text discussions, game technology, curriculum and courses ranging from Beginner to Advanced. By purchasing a Subscription, you agree to be bound to the following terms of the Site’s billing policy:

  • You agree to pay, via credit card or payment methods currently accepted by Buscavida, the monthly or lump sum Subscription charges as set forth on the Site, any applicable VAT or taxes, or other fees associated with connecting to the Site. Buscavida reserves the right to change the Subscription fees in effect or institute new fees at any time, upon reasonable notice posted on the Site.
  • If at any time you wish to check on the status of your subscription or payment, please login and visit your My Account page.

When you purchase a Subscription you are subject to the following terms and conditions if you pay with a credit card:

  • Monthly renewal: When your Subscription expires one month from the date of purchase, Buscavida will automatically charge your credit card and automatically renew your Subscription each month unless you cancel your Subscription prior to that date. If you take advantage of a promotional price and pay for several months upfront, your subscription may not renew upon expiration.
  • Please note the Site sometimes offers cheaper monthly prices if you agree to subscribe for a certain number of months. If you elect to take advantage of one of these programs, you will be responsible for subscription fees for the minimum number of months specified. If you cancel before that, you may be subject to a $100 cancellation fee.
  • All subscription fees are non-refundable after your free trial. If you decide to subscribe after the free trial, the Site requires a minimum 1-month study period. After that minimum period, you may cancel at any time.

From time to time the Site may offer a free trial of its fee-based subscription service. Trial subscriptions are subject to the following terms and conditions in addition to the billing policies laid out above:

  • Free trial is available only to first-time subscribers of the Site. If at any time previously you have been a member of the Site or accepted a free trial, you are not entitled to the free trial. If you choose to sign-up again, you will be charged immediately.
  • When you sign up for a free trial, you may take a free lesson without being charged the monthly membership fee. After your first free lesson you must pay a monthly membership fee to take additional lessons.
  • If you subscribe to a membership, the Site will charge you the monthly subscription fee that you selected. Thereafter, you will be charged each month to ensure uninterrupted service. After initial enrollment, if your credit card expires, is cancelled, is lost, or rendered invalid, your subscription is in danger of termination you will be contacted and given the opportunity to change your registration data. If your credit card is not successfully re-charged and you are not renewed successfully, your subscription will be terminated.
  • As soon as the Site receives your order for a subscription, you will receive immediate access to additional services within the Site.
  • If you paid by credit card and wish to stop being charged, you can simply cancel subscription. To cancel your subscription at any time after the free trial period you must visit your Account page after logging on to cancel your subscription.
  • Billing begins immediately after your subscription. No refunds will be issued once credit card billing has begun.